The seeming stalemate between the Presidency and the Senate over the confirmation of Ibrahim Magu as substantive chairman of the Economic and Financial Crimes Commission (EFCC) is still very much in the news.
Yusuf Ali (SAN)
While speaking in an exclusive interview with The Sun, a renowned lawyer, Yusuf Ali (SAN), debunked Vice President Yemi Osinbajo’s submission, saying that the constitution does not stipulate that the Nigerian Senate must confirm the appointment of Ibrahim Magu as substantive chairman of the Economic and Financial Crimes Commission (EFCC).
Here are the excerpt…
What is your opinion on the submission of Vice President, Prof Yemi Osinbajo, saying that the constitution does not say that the Senate must confirm the Chairman of the Economic and Financial Crimes Commission (EFCC)?
I want to believe that the vice president was quoted out of context. The interpretation of our laws and constitution rests with the courts alone. Section 171 provides that the Senate should confirm some people that are nominated for offices. But the constitution does not say it is only those offices mentioned that need confirmation. The EFCC Act stipulates that the appointment of its Chairman must be confirmed by the Senate. And until a competent court nullifies that section of the EFCC Act, that is the law of Nigeria.
So, there is no person; no matter how highly placed, who can nullify the law except the court. As at today, it is a requirement of our law that whoever is nominated as the EFCC chairman must be confirmed by the Senate. And I want to presume that the vice president who took an oath to uphold the laws and the constitution of Nigeria will not say something that will amount to a breach of the law.
Since the Senate has rejected Magu as substantive chairman of the EFCC, I form a very humble view that it is illegal for him to continue to act. If he has not been nominated at all, it is no problem. But having been nominated and rejected, that is the end of his acting because by the same logic, if the president nominates somebody for ministerial appointment, and the senate rejects the nomination, the president cannot appoint the person as acting minister. So, if the president cannot do that, he cannot continue to use somebody who has been rejected by the Senate in acting capacity.
Don’t you also agree with his submission that the constitution supersedes the EFCC Act?
The constitution supersedes only when the court declares it null and void. No individual in this country can sit in his office and declare the Act null and void.
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